MICHAEL GREENHAWT, APPELLANT,
v.
JUDITH GREENHAWT, APPELLEE

Fla. 3d DCA | 1979-05-08
No. 78-1279
Before HENDRY, HUBBART and SCHWARTZ, JJ.
375 So. 2d 293 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We find no abuse of discretion in the trial court’s order denying the appellant-father’s motion to modify the final judgment of dissolution by changing the custody of the couple’s four-year-old daughter from her mother to himself. Accordingly, the order under review is affirmed. Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975); Grant v. Corbitt, 95 So. 2d 25 (Fla.1957); Frye v. Frye, 205 So. 2d 310 (Fla. 4th DCA 1967); Ritsi v. Ritsi, 160 So. 2d 159 (Fla. 3d DCA 1964); cert. denied, 166 So. 2d 591 (Fla.1964).

Affirmed.


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  • …If in the course of making repairs the owner elects to adopt a more expensive design, the recovery should be limited to what would have been the reasonable cost of repair according to the original design. Cf. Pinellas County v. Lee Construction Co., 375 So. 2d 293 (Fla.2d DCA 1979), in which this court reversed a judgment which had limited the award for construction defects to the contract price and permitted recovery of the cost of the most reasonable method for remedying the defects. Temple’s consulting en…
  • Lynch v. Fla. Mining & Materials Corp., 384 So. 2d 325 (Fla. 2d DCA 1980)
    …that Lynch had substantially performed the contract. Thus, in basing Stevco’s award on the reasonable cost of remedying the defective construction, the court followed the proper measure of damages. Pinellas County v. Lee Construction Co. of Sanford, 375 So. 2d 293 (Fla. 2d DCA 1978). Lynch first attacks the award of damages contending that the evidence does not support the court’s award of $16,000 for correction and completion of the storage building. A general contractor who testified for Stevco opined that…
  • Hampton-Chrysler-Plymouth-Dodge, Inc. v. Daris White, 448 So. 2d 87 (Fla. 1st DCA 1984)
    …contemplation of the parties,” such as loss of use. 38 Am.Jur.2d, Garages and Filling and Parking Stations, § 80 (1968); also see Lynch v. Florida Mining & Materials Corp., 384 So. 2d 325 (Fla. 2d DCA 1980); Pinellas County v. Lee Construction Co., 375 So. 2d 293 (Fla. 2d DCA 1979). This difference is ordinarily measured by the reasonable cost of remedying the faulty work, Pinellas County, supra, and not a “before/after” valuation. To hold otherwise would punish Hampton [*89] not only for its defective perfo…

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